Immigration

Cartoon depicting the House as a hen handing out passports to newly hatched chicks, while a comparison shows the hen not handing out passports to the chicks under the new CASA ruling

Trump v. CASA: An Access to Justice Case?

It’s been one year since Trump v. CASA, in which the Supreme Court ruled in favor of limiting universal (nationwide) injunctions. The ruling severely cut options for large groups of similarly situated people–often poor and vulnerable populations–who cannot afford to file individual lawsuits against potentially harmful federal policies. In doing so, it also ruled in favor of creating massive amounts of fairly redundant work for courts that can’t realistically keep pace with an influx of individual, but similar, lawsuits. Here’s a look at this access-to-justice obstacle and the ways Congress could step in to provide consistent and equal protection of constitutional rights.

Cartoon depicting a judge as the outer layer of stacking dolls with a robot as one of the inner dolls.

Episode 62: Navigating Immigration Law Post-Trump v. CASA

Trump v. CASA did not directly address immigration and birthright citizenship when it ruled against universal injunctions, and yet…The aftermath of the ruling left the immigration law landscape in a tailspin. This week’s Proof Over Precedent episode interviews Katie Taylor, Legal Director of the Neighbors Immigration Clinic (Lexington, KY), where the practice has shifted its role now that the state houses eight immigration detention centers. She provides a frontline view of the scramble that immigrants and the clinics supporting them face without nationwide relief.

Unaccompanied Immigrant Minors–Poster Children for the Access to Justice Gap

Recent immigration proceedings have exposed the particularly vulnerable position that unaccompanied immigrant children face in court. Heavily dependent on federally funded legal aid, their access to legal representation is challenging at best, doomed at worst. This week, we bring you a “Student Voices” blog that examines the current immigration court environment–hostile to reliance on federal support–and looks at alternative paths for funding and legal right to counsel going forward.

Episode 59: Legal Aid on the Front Line of Immigration

When it comes to immigration, the legal aid sector has pivoted its resources from affirmative relief for immigrants to defense deportation and detention center intakes. In this “Student Voices” podcast, the discussion between fellow Harvard Law School J.D. candidates Andrew Garcia and Emily Irigoyen, the latter of whom co-leads the Harvard Immigration Project, ranges from the fallout of this shift in immigration legal aid resources to the shortcomings of typical immigration proceedings and the need for family preparedness planning.

Cartoon depicting legal information programs' role in supporting unrepresented noncitizens navigating the U.S. immigration system

Student Voices — Legal Information Programs: A Possible Way to Reduce Harm for Unrepresented Noncitizens in Immigration Proceedings

Legal information programs aim to support pro se noncitizens navigating the high stakes and extreme inequities of the U.S. system. Given that 63% of all noncitizens and 83% of detained noncitizens proceed without counsel, these programs could act as necessary stopgaps. It is worth delving deeper into the nature of these programs and the evidence that these programs promote access to justice for unrepresented noncitizens navigating the complexities of our immigration system.

Cartoon depicting non-lawyer legal services in agency immigration litigation

Student Voices: Non-lawyer Legal Services in Agency Immigration Litigation

Two-thirds of people facing deportation lack legal representation, and 86% of immigrants being detained do not have a lawyer. Without counsel, many will be deported to face persecution or violence – regardless of their legal right to stay. One partial solution may lie in empowering non-lawyers to take a larger role in representing individuals facing deportation.

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